National Parks & Conversation Ass'n v. County of Riverside

If a petitioner prevails on a writ petition challenging an environmental impact report (EIR), and then unsuccessfully challenges the subsequent EIR brought before the trial court on a return to the writ, is the petitioner entitled to Code of Civil Procedure section 1021.5 (section 1021.5) attorney fees pertaining solely to the fees incurred in challenging the second EIR? We conclude the petitioners here were not entitled to recover those fees because the petitioners were not “successful” parties within the meaning of section 1021.5.

The County of Riverside and other related parties (collectively Riverside) appeal from a postjudgment order awarding National Parks and Conservation Association and other related parties (collectively Association) $294,827 in attorney fees under section 1021.5. We reverse and remand with directions.

Factual and Procedural Background

This appeal arises from a proposed landfill project near Joshua Tree National Park. In October 1994, the superior court granted Association’s petitions for writ of mandate, ruling the EIR on the project was inadequate under the California Environmental Quality Act (CEQA). The court ordered Riverside’s board of…